JOKIM VINCENT GOMES Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Appellant claims to be a lessee of a plot of land bearing Survey No.33, Hissa No.1 of village Kanjur in the Bombay Suburban District. The lands were, according to the Appellant, illegally trespassed upon by one Hansraj Shah who had constructed chawls thereon which were let out to 16 persons. On 30th October 1983, the Appellant instituted a suit in the City Civil Court,1 for eviction against Hansraj Shah and the persons who were inducted by him. On 28th September 1990, an ex-parte decree was passed against the Defendants to the suit. Between April and June 1992, the execution of the decree was obstructed by persons who were inducted on the land; these persons, according to the Appellant, were trespassers. On 15th June 1992, the Appellant took out a Chamber Summons2 before the City Civil Court, for the removal of the obstruction and other reliefs. In the 1 (BCCC Suit No.6350 of 1983) 2 (Chamber Summons No.728 of 1992) meantime, in September 1992, the heirs of the original Second Defendant took out a Notice of Motion for setting aside the decree against them. On 12th March 1993, the decree was set aside only as against Defendant Nos.2A to 2E by the City Civil Court. On 14th March 1996, the Chamber Summons taken out by the Appellant for the removal of obstruction was made absolute by the City Civil Court, by directing the removal of the Defendants and obstructionists in execution of the decree. Thereafter, on 18th April 1996, a Chamber Summons was taken out by Respondent No.6 and others who were inducted on the land, praying that the decree and order passed in the earlier Chamber Summons were not binding or executable against them. No ad-interim relief having been granted by the City Civil Court, a revision was preferred before this Court in which the City Civil Court, was directed to dispose of the Chamber Summons expeditiously. The Chamber Summons was dismissed on 26th June 1996. Thereupon, a Review Petition was instituted before the City Civil Court, which was also dismissed on 3rd September 1996.

(2.) A writ of possession was issued by the City Civil Court on 21st September 1996. Against the order of the City Civil Court, dismissing the Review Petition, a Civil Revision Application was filed before this Court which was dismissed on 9th October 1996. On 19th October 1996, a telegram was received by the Appellant requesting her not to execute the decree on the ground that certain prominent politicians had been approached in the matter. On 3rd March 1997, a Judge's Order was issued by the City Civil Court, for taking forcible possession of the premises with the assistance of Police, in execution of the decree.

(3.) On 6th March 1997, a declaration came to be issued by which the property was notified as a slum in exercise of the power conferred by Section 4 of the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971. The notification was published thereafter on 30th May 1997. In pursuance of the warrant of possession that was issued by the City Civil Court on 21st September 1996, an order was passed by the Court on 1st August 1997 directing the bailiff to take possession of the premises. The decree was executed on 15th October 1997 and the Appellant took possession of the suit premises whereupon the decree was marked satisfied.